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Ballingall, David Low Kyle

CPSO#: 25314

MEMBER STATUS
Active Member as of 31 Oct 1972
CPSO REGISTRATION CLASS
Restricted as of 25 Jun 2020

Summary

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Former Name: No Former Name

Gender: Male

Languages Spoken: English

Education:University of Glasgow, 1964

Practice Information

Primary Location of Practice
London Regional Cancer Programme
790 Commissioners Road East
Level 2
London Health Sciences Centre
London ON  N6A 4L6
Phone: 519 685 8600 Electoral District: 02

Specialties

Specialty Issued On Type
No Speciality Reported

Registration History

Action Issue Date
First certificate of registration issued: Postgraduate Education Certificate Effective: 15 Nov 1971
Transfer of class of registration to: Temporary Employment Practice Certificate Effective: 18 Nov 1971
Transfer of class of registration to: Postgraduate Education Certificate Effective: 22 Nov 1971
Expired: Terms and conditions of certificate of registration Expiry: 30 Jun 1972
Subsequent certificate of registration Issued: Independent Practice Certificate Effective: 31 Oct 1972
Transfer of class of certificate to: Restricted certificate Effective: 25 Jun 2020
Terms and conditions imposed on certificate by member Effective: 25 Jun 2020

Practice Restrictions

Imposed By Effective Date Expiry Date Status
member Effective: 25 Jun 2020 Active
             As from June 25, 2020, the following are imposed as terms, conditions and
            limitations on the certificate of registration held by Dr. David Low Kyle
            Ballingall  in accordance with an undertaking and consent given by Dr.
            Ballingall to the College of Physicians and Surgeons of Ontario:

                        UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT
                                          ("Undertaking")
                  
                                                of
                  
                              DR.  DAVID LOW KYLE BALLINGALL
                                          ("Dr. Ballingall")
                  
                                                to
                  
                        COLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO
                                          (the "College")
                  
                  
                  
                  
            A.    PREAMBLE

            (1)   In this Undertaking:

                  "Code" means the Health Professions Procedural Code, which is Schedule 2
                  to the Regulated Health Professions Act, 1991, S.O. 1991, c. 18, as
                  amended; 
                  
                  "Narcotic Drugs" means from the Narcotic Control Regulations made under
                  the Controlled Drugs and Substances Act, S.C., 1996, c. 19, as amended.
                  
                  "Narcotic Preparations" means from the Narcotic Control Regulations made
                  under the Controlled Drugs and Substances Act, S.C., 1996, c. 19, as
                  amended.
                  
                  "Controlled Drugs" means from Part G of the Food and Drug Regulations
                  under the Food and Drugs Act, S.C., 1985, c. F-27, as amended.
                  
                  "Benzodiazepines and Other Targeted Substances" means from the
                  Benzodiazepines and Other Targeted Substances Regulations made under the
                  Controlled Drugs and Substances Act., S.C., 1996, c. 19, as amended 
                  
                  (A summary of the above-named drugs [from Appendix I to the Compendium of
                  Pharmaceuticals and Specialties] is attached hereto as Appendix "B"; and
                  links to the current regulatory lists are attached hereto as Appendix
                  "C".)
                  
                  "Monitored Drugs" means as defined under the Narcotics Safety and
                  Awareness Act, 2010, S.O. 2010, c. 22, as amended, with a link to the
                  current regulatory list attached hereto at Appendix "D".
                  
                  "NMS" means the Drug Program Services Branch, the Narcotics Monitoring
                  System implemented under the Narcotics Safety and Awareness Act, 2010,
                  S.O. 2010, c. 22, as amended;
                  
                  "OHIP" means the Ontario Health Insurance Plan;
                  
            "Public Register" means the College's register that is available to the public.

            (2)   I, Dr. Ballingall, certificate of registration number 25314, am a member
                  of the College. 

            (3)   I, Dr. Ballingall, acknowledge that the College conducted an
                  investigation bearing File Number 1107746 (the "Investigation") into
                  whether I engaged in professional misconduct and/or am incompetent in my
                  walk-in practice.

            B.    UNDERTAKING

            (4)   I, Dr. Ballingall, undertake to abide by the provisions of this
                  Undertaking, effective immediately. 

            (5)   Practice Restrictions

                  (a)   I, Dr. Ballingall, undertake that:
                  
                        (i)   I will limit my practice to acting as a general practitioner
                              in the Oncology Clinic at London Health Sciences Centre
                              Oncology Clinic: and
                  
                        (ii)  I will practice no more than one (1) day per week.
                  
            (6)   Resignation of Prescribing Privileges   

                  (a)   I, Dr. Ballingall, acknowledge that I have executed the Prescribing
                        Resignation Letter to Health Canada, which is attached hereto as
                        Appendix "A" (the "Resignation Letter").
                  
                  (b)   I, Dr. Ballingall, consent to the College sending the Resignation
                        Letter to Health Canada on my behalf.
                  
                  (c)   I, Dr. Ballingall, undertake that I will not issue new
                        prescriptions or renew existing prescriptions for or administer any
                        of the following substances:
                  
                        (i)   Narcotic Drugs;
                  
                        (ii)  Narcotic Preparations;
                  
                        (iii) Controlled Drugs; 
                  
                        (iv)  Benzodiazepines and Other Targeted Substances; and
                        (v)   Monitored Drugs.
                  
            (7)   I, Dr. Ballingall, undertake that I will return any supplies of the
                  substances referred to in section (6)(c) above that are presently in my
                  possession, in any place, to a pharmacy in a safe and secure manner, as
                  stipulated in the College's Policy "Prescribing Drugs."

            (8)   I, Dr. Ballingall, acknowledge that the Practice Restrictions set out in
                  section 5 to this Undertaking and the Resignation of Prescribing
                  Privileges set out in section 6 to this Undertaking continue in force
                  despite any result of the Reassessment set out in section 9 to this
                  Undertaking.

            (9)   Reassessment of Practice

                  (a)   I, Dr. Ballingall, undertake that, approximately six (6) months
                        after the date upon which I sign this Undertaking, I will submit to
                        a reassessment of my practice ("the Reassessment") by an assessor
                        or assessors selected by the College (the "Assessor" or
                        "Assessors").  I acknowledge that the Reassessment may include a
                        chart review of a minimum of fifteen (15) charts, direct
                        observation of my care, interviews with me, colleagues and
                        co-workers, feedback from patients, and any other tools deemed
                        necessary by the College.
                  
                  (b)   I, Dr. Ballingall, undertake to co-operate fully with the
                        Reassessment, conducted under the term of this Undertaking. 
                  
                  (c)   I, Dr. Ballingall, acknowledge that the results of the Reassessment
                        will be provided to me and reported to the College and the
                        Reassessment may form the basis of further action by the College. 
                  
            (10)  Monitoring 

                  (a)   I, Dr. Ballingall, undertake to inform the College of each and
                        every location at which I practise or have privileges, including,
                        but not limited to, any hospitals, clinics, offices, and any
                        Independent Health Facilities with which I am affiliated, in any
                        jurisdiction (collectively my "Practice Location" or "Practice
                        Locations"), within five (5) days of executing this Undertaking.
                        Going forward, I further undertake to inform the College of any and
                        all new Practice Locations within five (5) days of commencing
                        practice at that location.
                  
                  (b)   I, Dr. Ballingall, undertake that I will submit to, and not
                        interfere with, unannounced inspections of my Practice Locations
                        and patient charts by the College and to any other activity the
                        College deems necessary in order to monitor my compliance with the
                        provisions of this Undertaking.
                  
                  (c)   I, Dr. Ballingall, give my irrevocable consent to the College to
                        make appropriate enquiries of OHIP, NMS and/or any person who or
                        institution that may have relevant information, in order for the
                        College to monitor my compliance with the provisions of this
                        Undertaking. 
                  
                  (d)   I, Dr. Ballingall, acknowledge that I have executed the OHIP and
                        NMS consent forms, attached hereto as Appendix "E" and Appendix
                        "F", respectively.
                  
                  (e)   I, Dr. Ballingall, give my irrevocable consent to the College to
                        provide all Chiefs of Staff with any information the College has
                        that led to the circumstances of my entering into this Undertaking
                        and any information arising from the monitoring of my compliance
                        with this Undertaking.
                  
            C.    ACKNOWLEDGEMENT

            (11)  I, Dr. Ballingall, acknowledge that all appendices attached to or
                  referred to in this Undertaking form part of this Undertaking.

            (12)  I, Dr. Ballingall, acknowledge and undertake that I shall be solely
                  responsible for payment of all fees, costs, charges, expenses, etc.
                  arising from the implementation of any of the provisions of this
                  Undertaking. 

            (13)  I, Dr. Ballingall, acknowledge that I have read and understand the
                  provisions of this Undertaking and that I have obtained independent legal
                  counsel in reviewing and executing this Undertaking, or have waived my
                  right to do so.

            (14)  I, Dr. Ballingall, acknowledge that the College will provide this
                  Undertaking to any Chief of Staff, or a colleague with similar
                  responsibilities, at any Practice Location ("Chief of Staff" or "Chiefs
                  of Staff").

            (15)  I, Dr. Ballingall, acknowledge that a breach by me of any provision of
                  this Undertaking may constitute an act of professional misconduct and/or
                  incompetence, and may result in a referral of specified allegations to
                  the Discipline Committee of the College.

            (16)  I, Dr. Ballingall, acknowledge that this Undertaking constitutes terms,
                  conditions, and limitations on my certificate of registration for the
                  purposes of section 23 of the Code.  

            (17)  Public Register

                  (a)   I, Dr. Ballingall, acknowledge that, during the time period that
                        this Undertaking remains in effect, this Undertaking shall be
                        posted on the Public Register.
                  
                  (b)   I, Dr. Ballingall, acknowledge that, in addition to this
                        Undertaking being posted in accordance with section (17)(a) above,
                        the following summary shall be posted on the Public Register during
                        the time period that this Undertaking remains in effect:
                  
                              A College investigation was conducted into whether Dr.
                              Ballingall engaged in professional misconduct and/or am
                              incompetent in my walk-in practice. As a result of the
                              investigation: 
                  
                              Dr. Ballingall is limited to practicing as a general
                              practitioner in the Oncology Clinic at London Health Sciences
                              Centre Oncology Clinic and must practice no more than one (1)
                              day per week.
                  
                              Dr. Ballingall must not issue new prescriptions or renew
                              existing prescriptions for or administer any of the following
                              substances:
                  
                              (i)   Narcotic Drugs (from the Narcotic Control Regulations
                                    made under the Controlled Drugs and Substances Act,
                                    S.C., 1996, c. 19);
                              (ii)  Narcotic Preparations (from the Narcotic Control
                                    Regulations made under the Controlled Drugs and
                                    Substances Act, S.C., 1996, c. 19);
                              (iii) Controlled Drugs (from Part G of the Food and Drug
                                    Regulations under the Food and Drugs Act, S.C., 1985,
                                    c. F-27); 
                              (iv)  Benzodiazepines and Other Targeted Substances (from the
                                    Benzodiazepines and Other Targeted Substances
                                    Regulations made under the Controlled Drugs and
                                    Substances Act., S.C., 1996, c. 19); 
                              (v)   Monitored Drugs (as defined under the Narcotics Safety
                                    and Awareness Act, 2010, S.O. 2010, c. 22);        
                  
                              and as amended from time to time.
                  
                              In addition, Dr. Ballingall will undergo a reassessment of
                              his practice in approximately 6 months.

Concerns

Source: Member
Active Date: June 25, 2020
Expiry Date:
Summary:
Summary of the Undertaking given by Dr. Dr. David Low Kyle Ballingall to the College of Physicians and Surgeons of Ontario, effective June 25, 2020:

A College investigation was conducted into whether Dr. Ballingall engaged in professional misconduct and/or am incompetent in my walk-in practice. As a result of the investigation:

Dr. Ballingall is limited to practicing as a general practitioner in the Oncology Clinic at London Health Sciences Centre Oncology Clinic and must practice no more than one (1) day per week.

Dr. Ballingall must not issue new prescriptions or renew existing prescriptions for or administer any of the following substances:

(i) Narcotic Drugs (from the Narcotic Control Regulations made under the Controlled Drugs and Substances Act, S.C., 1996, c. 19);
(ii) Narcotic Preparations (from the Narcotic Control Regulations made under the Controlled Drugs and Substances Act, S.C., 1996, c. 19);
(iii) Controlled Drugs (from Part G of the Food and Drug Regulations under the Food and Drugs Act, S.C., 1985, c. F-27);
(iv) Benzodiazepines and Other Targeted Substances (from the Benzodiazepines and Other Targeted Substances Regulations made under the Controlled Drugs and Substances Act., S.C., 1996, c. 19);
(v) Monitored Drugs (as defined under the Narcotics Safety and Awareness Act, 2010, S.O. 2010, c. 22);
and as amended from time to time.

In addition, Dr. Ballingall will undergo a reassessment of his practice in approximately 6 months.